Thangaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Thangaraj : Petitioner Vs.

1.The Thasildar, Dindigul West Taluk, Dindigul, Dindigul District.

2.The Firka Surveyor, Reddiarchathiram Firka, Office of Taluk Office, Dindigul West Taluk, Dindigul, Dindigul District.

3.Jeyapandi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 and 2 herein to carryout appropriate survey, demarcate the boundaries by fixing survey stones with the aid of the jurisdictional police in respect of the petitioner's landed property of an extent of 7 3⁄4 cents and 2 1⁄4 cents respectively in New S.No.574/5A1 [Old S.No. 1/5

574/47] situate at Kothapulli Village, Dindigul West Taluk, Dindigul District by enabling the petitioner to protect and fence his property. For Petitioner : Mr.A.Saravanan For Respondents 1&2 : Mrs.K.Malathi Additional Government Pleader

O R D E R

Heard the learned Counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 and 2.

2.The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to survey, demarcate and fix four boundaries with the aid of the jurisdictional police officials. The specific grievance of the petitioner is that the third respondent is obstructing the survey without any iota of right. 3.In fact, I find that the third respondent has already filed a suit in O.S.No.541 of 2015, claiming 15 feet wide pathway right, which suit came to be dismissed on 28.06.2022. It is only thereafter, the petitioner has sought for survey. The learned Counsel for the petitioner further submits that there is no appeal as against the dismissal of the suit in O.S.No.541 of 2015, by judgment and decree dated 28.06.2022.

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4.In the light of the above, the respondents are directed to conduct survey based on the petitioner's application dated 22.11.2024, after giving notice to the petitioner as well as the third respondent and also dispose of any objections of the third respondent before conducting the survey. The survey shall be conducted in the presence of the jurisdictional police officials who shall be requested by the first respondent, intimating them about the date of survey, so that the jurisdictional police officials will be present to ensure peaceful survey being conducted. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order.

5.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

24.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Thasildar, Dindigul West Taluk, Dindigul, Dindigul District.

2.The Firka Surveyor, Reddiarchathiram Firka, Office of Taluk Office, Dindigul West Taluk, Dindigul, Dindigul District.

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P.B.BALAJI.

, J.

MR 24.04.2025 5/5